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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
August-1949 Jurisprudence                 

  • G.R. No. L-1261 August 2, 1949 - CATALINA OSMEÑA DE VALENCIA, ET AL. v. EMILIA RODRIGUEZ, ET AL.

    084 Phil 222

  • G.R. No. L-3059 August 2, 1949 - VICENTE G. CRUZ, ET AL. v. PLACIDO RAMOS, ET AL.

    084 Phil 226

  • G.R. No. L-1494 August 3, 1949 - ALLISON J. GIBBS v. EULOGIO RODRIGUEZ, ET AL.

    084 Phil 230

  • G.R. No. L-1514 August 5, 1949 - BONIFACIO VILLAREAL v. PEOPLE OF THE PHIL.

    084 Phil 264

  • G.R. No. L-1826 August 5, 1949 - JOSE L. GOMEZ, ET AL. v. MIGUELA TABIA

    084 Phil 269

  • G.R. No. L-48346 August 9, 1949 - DESTILERIA C. AYALA, INC. v. LIGA NACIONAL OBRERA DE FILIPINAS, ET AL

    084 Phil 280

  • G.R. No. L-1438 August 11, 1949 - SOCORRO C. VDA. DE ARANETA v. REHABILITATION FINANCE CORP.

    084 Phil 282

  • G.R. No. L-1935 August 11, 1949 - PEOPLE OF THE PHIL. v. ELADIO BALOTOL

    084 Phil 289

  • G.R. No. L-2062 August 11, 1949 - JESUS B. LOPEZ v. RAFAEL DINGLASAN, ET AL.

    084 Phil 292

  • G.R. No. L-1367 August 16, 1949 - PIO PORTEA v. JACINTO PABELLON, ET AL.

    084 Phil 298

  • G.R. No. L-1892 August 16, 1949 - JACINTO NOTOR v. RAMON MARTINEZ, ET AL.

    084 Phil 300

  • G.R. No. L-1956 August 16, 1949 - LETICIA H. CALDERA, ET AL. v. EUSEBIO BALCUEBA, ET AL.

    084 Phil 304

  • G.R. No. L-3025 August 16, 1949 - PEOPLE OF THE PHIL. v. ILDEFONSO DE CASTRO, JR.

    084 Phil 306

  • G.R. No. L-1648 August 17, 1949 - PEDRO SYQUIA, ET AL. v. NATIVIDAD ALMEDA LOPEZ

    084 Phil 312

  • G.R. No. L-1029 August 23, 1949 - PEOPLE OF THE PHIL. v. REYNALDO L. RAMOS

    084 Phil 326

  • G.R. No. L-2016 August 23, 1949 - RICHARD THOMAS FITZSIMMONS v. ATLANTIC, GULF & PACIFIC CO. OF MLA.

    084 Phil 330

  • G.R. No. L-2035 August 23, 1949 - ANGELITA V. VILLANUEVA, ET AL. v. DIRECTOR OF POSTS

    084 Phil 350

  • G.R. No. L-1761 August 24, 1949 - IN RE: JOSE LEELIN v. REPUBLIC OF THE PHIL.

    084 Phil 352

  • G.R. No. L-1544 August 25, 1949 - F. V. LARRAGA, ET AL. v. EULOGIA B. BAÑEZ, ET AL.

    084 Phil 354

  • G.R. No. L-2766 August 25, 1949 - PABLO P. ROBATON v. DIRECTOR OF PRISONS

    084 Phil 357

  • G.R. No. L-2828 August 25, 1949 - JOAQUIN GOZUN, ET AL. v. REPUBLIC OF THE PHIL, ET AL.

    084 Phil 359

  • G.R. No. L-1760 August 26, 1949 - MARIA MOLATO, ET AL. v. CELEDONIA ARCOS, ET AL.

    084 Phil 361

  • G.R. No. L-2372 August 26, 1949 - INT’L. HARVESTER CO. OF THE PHIL. v. CRISANTO ARAGON, ET AL.

    084 Phil 363

  • G.R. No. L-2044 August 26, 1949 - J. ANTONIO ARANETA v. RAFAEL DINGLASAN, ET AL.

    084 Phil 368

  • G.R. No. L-1617 August 29, 1949 - PANFILO B. MORALES, ET AL. v. OSCAR VENTANILLA, ET AL.

    084 Phil 459

  • G.R. Nos. L-1625 & L-1626 August 30, 1949 - PEOPLE OF THE PHIL. v. LORENZO PINEDA

    084 Phil 465

  • G.R. No. L-1563 August 30, 1949 - IN RE: JOSE GO v. ANTI-CHINESE LEAGUE OF THE PHIL.

    084 Phil 468

  • G.R. No. L-1542 August 30, 1949 - JOSE CRISTOBAL v. PEOPLE OF THE PHIL.

    084 Phil 473

  • G.R. No. L-1485 August 30, 1949 - PEOPLE OF THE PHIL. v. PABLO DESLATE

    084 Phil 479

  • G.R. No. L-1442 August 30, 1949 - MIGUEL R. MATEO v. PUBLIC SERVICE COMMISSION, ET AL.

    084 Phil 482

  • G.R. No. L-2166 August 30, 1949 - ESTRELLA LEDESMA v. EDUARDO ENRIQUEZ

    084 Phil 483

  • G.R. No. L-2452 August 30, 1949 - LORENZO LLAMOSO v. VICENTE FERRER, ET AL.

    084 Phil 489

  • G.R. No. L-2894 August 30, 1949 - BUCRA CORP. v. HIGINO B. MACADAEG. ET AL.

    084 Phil 493

  • G.R. No. L-3063 August 30, 1949 - MACARIO QUINTERO, ET AL. v. FELIX MARTINEZ, ET AL.

    084 Phil 496

  • G.R. No. L-3226 August 30, 1949 - DOMINADOR S. PONGOS v. HIDALGO ENTERPRISES, INC., ET AL.

    084 Phil 499

  • G.R. No. L-1358 August 31, 1949 - MARIETA J. ROTEA, ET AL. v. LEVY HERMANOS, INC., ET AL.

    084 Phil 502

  • G.R. No. L-1827 August 31, 1949 - ALFREDO CATOLICO v. IRINEO RANJO, ET AL.

    084 Phil 505

  • G.R. No. L-2262 August 31, 1949 - FLORENTINA ZAFRA VDA. DE VALENZUELA v. BERNABE DE AQUINO, ET AL.

    084 Phil 507

  • G.R. No. L-2345 August 31, 1949 - SEGUNDO AGUSTIN, ET AL. v. MANUEL DE LA FUENTE

    084 Phil 515

  • G.R. No. L-2480 August 31, 1949 - FLORENTINA ZAFRA VDA. DE VALENZUELA v. IRENE ZAFRA DE AGUILAR

    084 Phil 518

  • G.R. No. L-2754 August 31, 1949 - FIDEL ABRIOL v. VICENTE HOMERES

    084 Phil 525

  •  





     
     

    G.R. No. L-1485   August 30, 1949 - PEOPLE OF THE PHIL. v. PABLO DESLATE<br /><br />084 Phil 479

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. L-1485. August 30, 1949.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PABLO DESLATE, Defendant-Appellant.

    Vicente Castronuevo, Jr. for Appellant.

    Assistant Solicitor General Manuel P. Barcelona for Appellee.

    SYLLABUS


    1. CRIMINAL LAW; TREASON; APPELLANT’S ACTIVE PARTICIPATION AS MEMBER OF CDC IN COMMITTING ATROCITIES ON GUERRILLAS. — Appellant’s active participation as a member of the CDC in committing atrocities on the persons of guerrilla suspects and his failure to explain why he remained in the said CDC for more than one year, notwithstanding his many opportunities to escape, constitute clear adherence and aid to the enemy as treasonable acts.


    D E C I S I O N


    BENGZON, J.:


    Found guilty of treason and sentenced to life imprisonment plus fine of P10,000, Pablo Deslate, a Filipino citizen, appealed the decision of the People’s Court.

    The evidence of record proves beyond doubt, in accordance with the two-witness rule required in treason cases, that early in the morning of March 31, 1944, the appellant, armed with revolver and rifle, awakened the inmates of a house in Leon, Iloilo, namely, Alejandro Calaliman and his wife Primitiva Cabaluna and the spouses Jaime and Modesta Cabaluna. He investigated them as to the guerrilla connections of Alejandro and Jaime and later took them to the Japanese garrison located in the town church, at about 100 meters from the house. In the garrison, Alejandro and Primitiva were confined in one room and the other couple in another. A Japanese captain, with the help of several Japanese and two soldiers of the CDC (Coastal Defense Corps), 1 one of them the appellant, investigated Alejandro and Primitiva. The investigation started with appellant giving Alejandro a blow in the stomach and telling him to admit he was a guerrilla and had a revolver. Alejandro denied the imputations. Appellant punched him again in the stomach. The Japanese captain beat him with a piece of wood in different parts of the body. Primitiva was also questioned about her husband’s connection with the guerrilla. For giving negative answers she was likewise maltreated by the Japanese captain and by the defendant. The investigators later went to the room where Jaime and Modesta were confined. Alejandro and Primitiva heard Jaime’s screams and defendant’s loud voice calling Jaime and his wife liars. They also heard the sound of beatings and Modesta’s desperate cry protesting against the corporal punishment. At about two o’clock, Alejandro and Primitiva were allowed to go home. On their way out they saw Jaime Cabaluna stretched on the floor face down and motionless, blood oozing from his head. Jaime and Modesta were never heard of again.

    It was also proved that at about six o’clock in the morning of March 31, 1944, Dominador Camasuela, a guerrilla suspect, was arrested by appellant and four Japanese. All of them, after maltreating him, brought him to the Japanese garrison where he was seen by Alejandro and Primitiva Cabaluna being questioned and given blows on the stomach by appellant to force him to surrender his pistol. Not satisfied with the investigation of Dominador, the Japanese soldiers took his younger brother Salustiano, who was likewise maltreated by the investigators including defendant in the same garrison. Salustiano never saw his brother Dominador again.

    There is also evidence to the effect that on May 2, 1944, defendant and several Japanese soldiers arrested Angel Cantara, Julita Calanuga and Federico Cabino, in connection with the alleged disappearance of a CDC member. They were brought to the Japanese garrison, tortured and investigated. Federico and Julita were never heard of since then. According to defendant himself, Federico Cabino was killed in the belfry by a Japanese sergeant upon orders of a Japanese captain, whereas Julita Calanuga together with one Gregorio Caluyo was liquidated the following morning. Angel Cantara was interrogated by defendant, tortured, and later released with orders to search for Macario, a member of the CDC who had disappeared.

    There is also enough evidence to show that appellant and ten Japanese soldiers arrested Juan Cabalsin in Leon, Iloilo, charged as guerrilla and as one of those responsible for the kidnapping of CDC Macario Albia. Cabalsin was maltreated by two Japanese soldiers upon indication of defendant, but after two hours was released by the Japanese captain on condition that he should try to find the kidnapped CDC and bring his sister to the garrison as hostage.

    Appellant tried to show that, although he joined as a member of the CDC, he did it involuntarily. This is unconvincing. He failed to explain why he remained in the organization for more than one year, notwithstanding his many opportunities to escape.

    Finding no merit in this appeal and the penalty imposed being in accordance with law, we hereby affirm the decision of the court below, with costs. So ordered.

    Moran, C.J., Ozaeta, Paras, Feria, Padilla, Tuason, Montemayor, Reyes and Torres, JJ., concur.

    Endnotes:



    1. A military organization established by the Japanese army to suppress guerrillas.

    G.R. No. L-1485   August 30, 1949 - PEOPLE OF THE PHIL. v. PABLO DESLATE<br /><br />084 Phil 479


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